At a hearing last month, Khadr's lawyer, Dennis Edney, argued before Associate Chief Justice John Rooke that because Khadr was only 15 years old at the time he killed an American soldier in Afghanistan, the now-27-year-old should be in a provincial jail and not a maximum-security prison.
Edney argued if Khadr's crime had occurred in Canada, his eight-year sentence would have fallen under what was then called the Young Offenders Act (now the Youth Criminal Justice Act), placing him in a provincial facility.
The federal government opposes the application arguing Khadr is appropriately placed in an adult maximum-security facility, because though he was sentenced as a youth on the murder conviction, he was sentenced as an adult on four other convictions.
In 2002, Khadr, who was born in Toronto, was taken into custody for the death of an American soldier. Khadr was discovered in the rubble of a bombed-out compound in Afghanistan after a firefight with U.S. forces.
Khadr pleaded guilty to five charges, including the murder of Sgt. 1st Class Christopher Speer and providing material support for terrorism, in exchange for returning to Canada to serve his sentence.
He was returned to Canada in September 2012 and incarcerated in Millhaven Institution near Kingston, Ont., before being moved to Edmonton last May.